Last reviewed . Law current as of October 2026.
New Jersey grades crimes in four degrees: first degree (10 to 20 years), second (5 to 10), third (3 to 5), and fourth (up to 18 months), under N.J.S.A. 2C:43-6. First- and second-degree convictions, and some third-degree convictions, carry a presumption of prison; first-time third- and fourth-degree offenders are presumed not to go to prison, with exceptions.
Key takeaways
- First degree: 10–20 years; second: 5–10; third: 3–5; fourth: up to 18 months.
- First- and second-degree convictions, and some third-degree convictions, carry a presumption of prison.
- First-time third- and fourth-degree offenders are generally presumed not to go to prison, with exceptions.
What are the degrees of crimes and their sentences?
| Degree | Prison range | Max ordinary fine | Presumption | Court |
|---|---|---|---|---|
| First | 10–20 years | $200,000 | Imprisonment | Superior |
| Second | 5–10 years | $150,000 | Imprisonment | Superior |
| Third | 3–5 years | $15,000 | Non-imprisonment for first offenders (exceptions) | Superior |
| Fourth | Up to 18 months | $10,000 | Non-imprisonment for first offenders (exceptions) | Superior |
| Disorderly persons | Up to 6 months | $1,000 | n/a | Municipal |
| Petty disorderly persons | Up to 30 days | $500 | n/a | Municipal |
What is the presumption of incarceration?
N.J.S.A. 2C:44-1(d) presumes imprisonment for first- and second-degree crimes unless it would be a serious injustice. Under amendments approved in 2026 (P.L.2025, c.328 and P.L.2026, c.30), the presumption of imprisonment also applies to a third-degree crime when the judge finds aggravating factor (5) (organized criminal activity), (14) (domestic violence in the presence of a child under 16), or (15) (repeated domestic violence), and it does not apply when the judge finds the new mitigating factor for a defendant who was a victim of domestic violence or other substantial abuse. 2C:44-1(e) presumes non-imprisonment for a first-time offender convicted of a third- or fourth-degree crime, unless imprisonment is necessary to protect the public, with listed exceptions. The presumption follows the offense you are convicted of, which is why downgrades matter.
What's NERA (the 85% law), and what are other mandatory minimums?
- NERA (2C:43-7.2): 85% of the sentence before parole for listed first- and second-degree violent crimes, plus 3 or 5 years of parole supervision.
- Graves Act (2C:43-6(c)): for certain gun crimes, parole ineligibility of one-half of the sentence or 42 months, whichever is greater (18 months for fourth degree).
Related guides
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
Frequently asked questions
What is the most serious degree of crime in New Jersey?
First degree, with an ordinary range of 10 to 20 years. Some crimes, like murder, have their own higher ranges.
Can a fourth-degree crime mean prison?
Yes, up to 18 months, but first-time offenders are presumed not to go to prison, with exceptions.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.